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201105101
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Last modified
9/14/2011 12:27:35 PM
Creation date
7/12/2011 8:22:51 AM
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DEEDS
Inst Number
201105101
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201105101 <br />may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or <br />otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or <br />pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect <br />Trustee's or Beneficiary's right to realize upon or enforce any other security now or hereafter held by Trustee <br />or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce <br />this Deed of Trust and any other security now or hereafter held by the Beneficiary or Trustee in such order <br />and manner as they, or either of them, may in their absolute discretion determine. No remedy herein <br />conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other rexnedy herein <br />or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy <br />given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given <br />by any of the loan instruments to Trustee or Beneficiary or to which either of them may be otherwise entitled <br />may be exercised, concurrently or independently, from time to time, and as often as may be deemed <br />expedient by Tntstee or Beneficiary, and either of them may pursue inconsistent remedies. Nothing herein <br />shall be construed as prohibiting Beneficiary from seeking a deficiency judgment against Trustor to the <br />extent such action is permitted by law. <br />14. Request £or Notice. Trustors hereby request a copy of any notice of default and that any notice <br />of sale hereunder be mailed to Trustors at the address set forth in the first paragraph of this Deed of Trust. <br />15. Avnointment of Successor Trustee. Beneficiary may, from time to time, by written instrument <br />executed and acknowledged by Beneficiary, mailed to Trustors and recorded in the County in which the <br />property is located and by otherwise complying with the provisions of the applicable law of the State of <br />Nebraska, substitute a successor or successors to the Trustee named herein or acting hereunder. <br />16. Successors and Assi�ns. This Deed of Trust applies to and inures to the benefit of and binds <br />all parties hereto, their heirs, legatees, devisees, personal representatives, successors and assigns. The term <br />"Beneficiary" shall mean the owner and holder of the note, whether or not named as Beneficiary herein. <br />17. Beneficiarv's Powers. Without affecting the liability of any other person liable for the payment <br />of any obligation herein mentioned, and without affecting the lien or charge of this Deed of Trust upon any <br />portion of the property not then or theretofore released as security for the full payment of all unpaid <br />obligations, Beneficiary may, from time to time and without notice. <br />(a) release any persons so liable; <br />(b) extend the maturity or alter any of the terms of any such obligation. <br />(c) grant other indulgences; <br />(d) release or re-convey or cause to be released or re-conveyed at any time at <br />Beneficiary's option, any parcel, portion or all of the property; <br />(e) take or release any other or additional security for any obligation herein <br />mentioned; or <br />( fl make compositions or other arrangements with debtors in relation thereto. <br />18. Governins Law. This Deed of Trust shall be governed by the laws of the Sta.te of Nebraska and, <br />in the event any one or more of the provisions contained in this Deed of Trust, or the note or any other <br />security instrument given in connection with this transaction shall be for any reason be held to be invalid, <br />illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any <br />other provisions of this Deed of Trust, but the Deed of Trust shall be construed as if such invalid, illegal or <br />unenforceable provision had never been contained herein or therein. <br />19. Effect of Forbearance. Any forbearance by Beneficiary or Trustee in exercising any right or <br />remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise <br />of any such right or remedy hereunder. Likewise, the waiver by Beneficiary or Trustee of any default of the <br />Trustors under this Deed of Trust shall not be deemed to be a waiver of any other or similar default <br />subsequently occurring. <br />� <br />
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